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HomeMy WebLinkAbout487267 TIP STRATEGIES - CONTRACT - RFP - 7215 ECONOMIC HEALTH STRATEGIC PLANPROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and TIP Strategies, hereinafter referred to as "Professional'. WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Professional agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of eight (8) pages, and incorporated herein by this reference. 2. The Work Schedule. The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule attached hereto as Exhibit "B", consisting of one (1) page, and incorporated herein by this reference. 3. Contract Period. The services to be performed pursuant to this Agreement shall be initiated within five (5) days following execution of this Agreement. Services shall be completed no later than December 31, 2011. Time is of the essence. Any extensions of the time limit set forth above must be agreed upon in writing by the parties hereto. 4. Early Termination by City. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Professional. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: Professional Services Agreement 7215 Economic Health Strategic Plan Pagel of 18 Communications and markcong Atlas Advertising will conduct the review of Fort Collin's communications and marketing efforts. This task will include a brief survey (10 questions delivered via email) of community stakeholders regarding the city's marketing efforts as well as a review of existing marketing materials and web site. The survey will be developed in conjunction win the City, however, Professional anticipates the survey questions will include awareness of City activities, comprehension and recall of the City's economic messaging, interaction with City websites and marketing programs, and more. Insights from the survey will be used by Atlas in craNing marketing strategies in Phases 2 and 3. The result of this task will be an evaluation of the city's investment of resources and the effectiveness of these investments in promoting the city's economic development vision and goals. 1 3 Slake o ider engagemem I Gathering input from stakeholders is an integral part of our planning process. A specific engagement strategy will be developed at the outset of the project. For this work, Professional 411 use the following approach: slael, ceon,Irettee_Professional recommends the formation of a committee of key stakeholders and city staff. Professional will meet periodically with the project steering committee to present findings to -date and discuss upcoming tasks. These meetings will allow the project team to achieve consensus on specific goals and provide the opportunity to refine our work product as we go (rather than waiting until the final stages of the engagement). In addition to providing direct feedback to Professional, the committee would facilitate the exchange of information between stakeholders, city staff, and the Professional and promote public support for the plan. Throughout the Discovery phase, Professional will capitalize on opportunities presented by interviews, site visits, and workshops to solicit input from key stakeholders. Focus groups and interviews are conducted with major employers, entrepreneurs, young professionals, public officials, and other key stakeholders to gather intelligence about Fort Collins' economic strengths, weaknesses, opportunities, and threats. This input provides the qualitative information to supplement quantitative data collected in the assessment task. Professional's planning model includes developing profiles of the economic development efforts of an ACTION Ga,1. aJ[a4,em[e,. uygenl,e,kM[rs N¢Mrvvn-Oucl Ja, naIN�.N Professional Services Agreemem 7215 Economic Health Strategic Plan Page 10 of 18 agreed upon number of benchmark communities or regions. Benchmarking can serve a numberof purposes in economic development planning, including gauging progress (Where do f stand relative to my past performance?% understanding your position relative to your peers (Who is like me and how do f compare?J, and identifying best practices (Who do laspire to belike and whatcan lleam(romthem?). Professional will work with the City in determining which communities or regions would serve as the most appropriate benchmarks. Through interviews with peercommunities and research on their programs and initiatives, Professional will develop a series of case studies that exemplify best practices. 1.5 SWOT analysis !The assessment forms the basis for the development of an analysis of the strengths, weaknesses, opportunities, and threats (commonlyreferred to as a SWOT analysis). This analysis, in turn, drives the subsequent Opportunity phase of the planning process. PHASE 2: OPPORTUNITY Findings from IheDiscovery Phase will guide a discussion ofopportunities thatvall drive the updated Economic Health Strategic Plan. While Professional's analyses serve as the foundation for this process, Professional will develop a vision that is supported by Ihedata, but not driven by it. Professional's approach places a premium on wall -informed decision -making, sound planning practices, and long-term commitment to the future. Professional will engage the City in a reviewof the 2005 Economic Vision and Values statement. This work, and the City's Innovation Economy Model, has provided a solid framework for the City's economic development activities. The purpose of this task will be to refresh these guiding principles in order to establish priorities among available alternatives. Phase 2 2.2 Au tin Visit program I Professional will do all the preparation for the City to visit Austin. Costs for the City staff travel is not included in This flskv 2a cuai,q principles 22 Au,C Vlvl p,,,an contract. As part of the Opportunity phase, Professional will invite city staff 23 opppnumepp pnpr�a a.,nnenpp and key stakeholders to participate in our Austin Visit program. This unique 24 p,Hlmme,y aam experience offers participants the opportunity to meet with executives of 021' ,pges xpnomc tlevelopment innovative organizations in the Austin area. These meetingswill he tailored Guiapy principles larPrMft.ey pppmwm. aiat'.a m, pplwe,wpn to specific themes of interest to the City. Examples of Austin organizations that have participated in past visits include the Austin Technology Professional Services Agreement 7Z15 Economic Health Strategic Plan Page 11 of 18 Incubator, the IC2 Institute, the Salon Family of Hospitals, the Central Texas Angel Network, Texas Exes, and Milkshake Media. These meetings will give the Citythe opportunity to learn hands-on about various programs and to ask quesfions directly of the executives charged with implementing new ideas. 2.3 Opp ortvv.lieS an al VS lS 3 workshop I Based on findings from the Discovery phase and the experience of the Professional, Professional will Identify a number of opportunities for consideration. As part of this task, Professional will facilitate an opportunities workshop with area leadership. The purpose of this workshop will be to engage in a focused discussion of potential strategies for the region. In identifying effective strategies, Professional will consider a broad range of traditional and non-traditional opportunities arising from demographic shifts, changing consumer behaviors, large-scale government policy, changing resource availability, as well as regional assets. The value TIP adds in such strategy sessions is understanding how trends and assets translate into opportunities for our clients. - iary strateg.es 1 Using findings from the Opportunities workshop, as well as prior tasks, Professional will prepare a list of preliminary strategies, including marketing 8 communications strategies, to be built out in Phase 3. PHASE 3: IMPLEMENTATION J Phase Professional defines economic development as rhea rcarionof blrc `°tAl P PW� PV ).� Econ°mmnealln so-ate9ias resources to stimulate private investment. This definition recognizes 32 Ma'k°Mg s ana. 31 imabmaabaw mom, that decisions on everything from transportation infrastructure to new workforce development initiatives must be informed by the response Emao uM SIm"m Plan the will receive from the private sector. As a result, Professional's So-akgkaad Wtx,aInnat W,g Wan Y P lmolemmmoon maNF approach to strategic planning is rooted in the needs of the City on the one hand and grounded by the response of the private sector on the other. In this way, our strategic plans can help communities better leverage their public investments to promote their economic well-being. The result of this phase will be an updated Economic Health Strategic Plan for the City, along with a plan for implementation and a communications 8 marketing strategy. 3.1 Economic heaIIn strategies I Based on the findings of the assessment, stakeholder input obtained during the Discovery and Opportunity phase, and the experience of the Professional, Professional will translate opportunities into specific strategies to guide economic development activities in the region. These strategies will be tailored to the needs of the City and Its partners and will consider the regional vision, organizational capacity, and desired outcomes. These strategies will address a number of areas, including: e Cluster suo port svatea les. The Professional will focus on strategies to support the formation and development of the region's industry clusters. A central aspect of these strategies will be identifying areas where the region can differentiate itself from the competition. The results of this task will identify the most effective strategies for positioning Professional Services Agreement 7215 Economic Health Strategic Plan Page 12 of 18 Fort Collins with economic decision makers. Issues related to retention and expansion, as well as industry recruitment will be considered, including topics such as incubation, Incentives and Infrastructure needs. s Workforce development. These strategies will address issues related to the development of talent('growing your own'), retaining existing workers, and the recruitment of talent. identifying effective strategies for talent management in support of the regional clusters will be a priority. Across the nation, economic development practlioners and workforce professionals have embraced entrepreneurship as a means of promoting economic diversification and stimulating growth. The reason for this interest in entrepreneurs is two -fold: (1) an economic transition in the US that has created more market opportunities for entrepreneurs and (2) the recognition that entrepreneurs can be more deeply muted in their communities, which increases both their economic and social impacts. Support for entrepreneurship may be most beneficial in the current economy as economic downturns often foster an uptick in new business start-ups. r CuahtV of of ace The rate of 'place" is an essential part of our approach to economic vitality. Understanding what makes Fort Collins unique and leveraging those advantages will be emphasized throughout our work. This approach extends to understanding community goals - going'green; preserving access to natural features, maintaining Fort Collins' identity - and helping to translate them into economic strategies. The resulting document will provide the City and its partners with the tools needed to promote the long-term economic health and vitality of the region over a live -year planning horizon. 3 2 Marketing & communications To assist the City in driving its economic health and leveraging its many assets, Atlas Advertising will prepare a comprehensive strategic and tactical marketing plan. The plan will include detailed strategies for: s Utilizing the insights and target analysis provided in the Economic Health Strategic Plan j Setting clear goals for: Business attraction marketing Business retention marketing Marketing within the Front Range Marketing within Fort Collins and Northern Colorado V Identifying marketing opportunities and challenges Crafting specific messaging strategies to meet objectives i Laying out specific channel strategies and tactics Business development support tactics Event marketing tactics Professional Services AgreameM 7215 Economic Health Strategic Plan Page 13 of 18 Online marketing tactics Direct marketing tactics (email, mail) Social media marketing tactics Regional partnership tactics Producing an actionable 24-month timeline In all, this plan will deliver specific recommendations for specific industries on a specific time frame. Professional expects it to be the marketing plan the City executes on for the next two years. 3 3 Marketing message and brand concepts I The City's brand is the impression your prospects, site selectors, and stakeholders have of you, and of the community you represent. As such, it is crifical to your success. If a brand is managed well, it can be a tool that generates interest and excitement, drives prospect activity, and inspires more involvement and commitment from your local stakeholders. Ifdone poorly, it will be discarded as inaccurate, over -promotional, and a waste of time. Atlas's messaging approach is geared to deliver effective brands and marketing tools for economic development entices, namely, brands that are: a Relevantto the needs of businesses and other audiences inside and outside Fort Collins I True to the offerings of the City, and to the benefits that Fort Collins offers Dif(erentfrom the offerings and promises made by other entities or cities that may offer similar services or benefits Brand Storm. Develop the City's brand personality, look and feel, and key messages The Brand Storm is when a community's brand comes to life, in a "storm' of concepts that contain key messages. These concepts help us and our clients to conceive the brand in entirely new ways, and to make strategic decisions prior to executing the web creative (can also be used in the future for print collateral). It is also a stage that enables clients to confidently decide on their messaging and tagline. For these reasons, it is important to involve senior decision makers in this phase. The Brand Storm involves: 4 Concepting key messages f Developing those key messages into visual concept boards: Business recruitment concepts Business retention or service concepts Presenting these concepts to the leadership team Professional Services Agreement 7215 Economic Health Strategic Plan Page 14 of 18 Selecting one key message for the organization's tagline 3.4 Implementation plan I Professional will prepare an implementation matrix that addresses the following: nr, oens. Professional will develop a list of actions to support the strategies. This step typically includes identifying responsible parties and potential partnership opportunities, setting timelines, preparing budget estimates, and identifying potential funding sources. d Pnwily Identifying opportunities and the steps needed to make them reality is not enough. Setting priorities Is perhaps the most important role that a solid implementation strategy should fulfill. Having clearly established priorities is essential for effective use of public resources, r weasr re me ci An important piece of any strategic plan is developing the metrics by which success of the plan will be gauged. Professional will also advise staff on methodologies for collecting the needed data. FINAL REPORT & PRESENTATION Building public support for a plan is critical to its success. This phase will consist of making revisions to the deliverables, as well as obtaining final approval for the plan. This phase will also include a public "roll -out" of the plan. The outcome of the process will be clear: forward -thinking strategies providing a practical tool to promote the economic health of Fort Collins. Professional will provide a candid assessment, a clear picture of the region's greatest opportunities for growth, and a creative action plan for leveraging its competitive advantages. Professional Services Agreement 7215 Economic Health Strategic Plan Page 15 of 18 EXHIBIT "B" WORK SCHEDULE PROJECT WORKPLAN 1 1 NYN{M MCNrrtI _ _ _ 10'PueemiA. IellEmwu Mr.nrwn - - LiP _. IG - - h.1 IeIlPwawd mi.w^reuml_mgwn row amen tcllRnwa[ N onwo.wNp�.d.icMfn. AMedpFn.uerovmB MiM ICMIIi. -� ,yve�mw�.... Iwaried ' 1] 2. 22���f.YNUNy 23 6B_w_Rs_lu. Pufln Nml IP 1P ti MrunM lJplvnmiry Wwxwq _ _ _ VM ldomm.n Pale 1.1 IM[6+.oiwm^No�6 IaIWr Famanm H.. .mi ��miun 6lblmenNtlde iIP Ivac a.ae. _ - _ _oq__vn.. PT.e.Im vpyar�aennnlm Nue VrW FVwdMim Ia1lEnammw Iq�eg xtFa-aiomm ]]IIII{mll.imlYmn wane sYrammo Flr ilv ---T_�Im wMn _-. _... - Mrbby Wn._ ixma uvMiq_n_ _. yo_. _ — ..nee^ewlwen HOURS BY TEAM MEMBER _ Au �CmN.,. RgetlMwgee __ _ fiW%TMMfM, IeYI MY(Y Ws ur 10 BZ :W is o vngi. «ram ('erouenaH}' '.. ✓uNa)SUMn /u;CpnIMYneM PoMflvwi Gelr prpClm N Pml. tonal Sery s Agreement 7215F .I. H..IM Strategic Plan Pap16MIg EXHIBIT "C" CONTRACT SUM The lee fa conNlation of he ww0. Is 5140,000, dus experues not to screed $15,000 Alhoul dient approval, expenses irhdude data purchases and tease and lodgeg asanated with conduling Nis work. The table below provides an esimale of the anticipated hours by task. Fees are based on the following hpnly rales, witch include overhead. PnnclpaLLead conahllant_................................. _ $195 ccnaJwvpmjed manager ............. ............... ..... $145 Anal y W edredan........................... ........ _............ $95 A6r**ihatlas...... ....................... .......................... $50 Roles, Responsibilities & Budget by Team Member mnW Ia.4.Mp b puse,pewcn. p.iv.e nit Ielwwa w>x gMrleN pastry [plot cmirw aw nhd Irl¢hheen ores a.sa , saa 04� R,.d r 0.,;ssee a,egve.rpm wWw ,hwengm u.v.ipa.a ..r aom wmq AArsel.tr.tlsn . ne rm anrrh wwamm •R& n.Nep. pnamvx ay.. Ad. Ativxtl.hg R.— r raeex,r+rmw ma �.l.tiq f0aeax o..hp,mra .sorer na e.xavq Wm hea..eamh.. AeOnm.a ftugm ynl� mcm ar d w knwelp TOW Han 108 310 253 am Cov... In..000 iMp00 $15.000 $5.000 i70.000 010.000 Professional Services Agreement 7215 Em nnic Health Strategic Plan Page 17 of 18 „O„ CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the "City”) pursuant to this Agreement (the "Agreement"), the Professional hereby acknowledges that it has been informed that the City has established policies and procedures with regard to the handling of confidential information and other sensitive materials. In consideration of access to certain information, data and material (hereinafter individually and collectively, regardless of nature, referred to as "information") that are the property of and/or relate to the City or its employees, customers or suppliers, which access is related to the performance of services that the Professional has agreed to perform, the Professional hereby acknowledges and agrees as follows: That information that has or will come into its possession or knowledge in connection with the performance of services for the City may be confidential and/or proprietary. The Professional agrees to treat as confidential (a) all information that is owned by the City, or that relates to the business of the City, or that is used by the City in carrying on business, and (b) all information that is proprietary to a third party (including but not limited to customers and suppliers of the City) . The Professional shall not disclose any such information to any person not having a legitimate need -to - know for purposes authorized by the City. Further, the Professional shall not use such information to obtain any economic or other benefit for itself, or any third party, except as specifically authorized by the City. The foregoing to the contrary notwithstanding, the Professional understands that it shall have no obligation under this Agreement with respect to information and material that (a) becomes generally known to the public by publication or some means other than a breach of duty of this Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the request for such disclosure is proper and the disclosure does not exceed that which is required. In the event of any disclosure under (b) above, the Professional shall furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and shall promptly advise the City in writing of each such disclosure. In the event that the Professional ceases to perform services far the City, or the City so requests for any reason, the Professional shall promptly return to the City any and all information described hereinabove, including all copies, notes and/or summaries (handwritten or mechanically produced) thereof, in its possession or control or as to which it otherwise has access. The Professional understands and agrees that the City's remedies at law for a breach of the Professional's obligations under this Confidentiality Agreement may be inadequate and that the City shall, in the event of any such breach, be entitled to seek equitable relief (including without limitation preliminary and permanent injunctive relief and specific performance) in addition to all other remedies provided hereunder or available at law. Professional Services Agreement 7215 Economic Health Strategic Plan Page 18 of i8 Professional: City: With Copy to: TIP Strategies City of Fort Collins City of Fort Collins Attn: Jon Roberts Attn: Josh Birks Purchasing 106 E Wh Street, Suite 550 PO Box 580 PO Box 580 Austin, TX 78701 Fort Collins, CO 80522 Fort Collins, CO 80522 In the event of any such early termination by the City, the Professional shall be paid for services rendered prior to the date of termination, subject only to the satisfactory performance of the Professional's obligations under this Agreement. Such payment shall be the Professional's sole right and remedy for such termination. 5. Design, Project Indemnity and Insurance Responsibility. The Professional shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all services rendered by the Professional, including but not limited to designs, plans, reports, specifications, and drawings and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. The Professional shall indemnify, save and hold harmless the City, its officers and employees in accordance with Colorado law, from all damages whatsoever claimed by third parties against the City; and for the City's costs and reasonable attorneys fees, arising directly or indirectly out of the Professional's negligent performance of any of the services furnished under this Agreement. The Professional shall maintain commercial general liability insurance in the amount of $500,000 combined single limits limits errors and omissions insurance in the amount of $ 6. Compensation. In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Professional a fixed fee, as per the attached Exhibit C consisting of one (1) page, and incorporated herein by this reference, in the amount of One Hundred Forty Thousand Dollars ($140,000.00) plus reimbursable direct costs. All such fees and costs shall not exceed One Hundred Fifty -Five Thousand Dollars ($155,000.00). Monthly partial payments based upon the Professional's billings and itemized statements are permissible. The amounts of all such partial payments shall be based upon the Professional's City -verified progress in completing the services to be performed pursuant hereto and upon the Professional Services Agreement 77-15 Economic Health Strategic Plan Page 2 of 18 City's approval of the Professional's actual reimbursable expenses. The parties acknowledge that the sub -contractors, Atlas Advertising and Isaac Barchas, are not parties to this agreement. However, the rates listed for services to be provided by these subcontractors shall be the rate paid by the City to the Professional for these services. If the amount charged by these subcontractors exceed the rates listed in Exhibit "C" the excess amount shall not be paid or owed by the City. The limitation on increases in prices set forth in section 4 herein shall apply to all rates listed in Exhibit "C" including subcontractor rates. Final payment shall be made following acceptance of the work by the City. Upon final payment, all designs, plans, reports, specifications, drawings, and other services rendered by the Professional shall become the sole property of the City. 7. City Representative. The City will designate, prior to commencement of work, its project representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to the City Representative. 8. Project Drawings. Upon conclusion of the project and before final payment, the Professional shall provide the City with reproducible drawings of the project containing accurate information on the project as constructed. Drawings shall be of archival, prepared on stable Mylar base material using a non -fading process to provide for long storage and high quality reproduction. "CD" disc of the as -built drawings shall also be submitted to the City in an AutoCAD version no older then the established city standard. 9. Monthly Report. Commencing thirty (30) days after the date of execution of this Agreement and every thirty (30) days thereafter, Professional is required to provide the City Representative with a written report of the status of the work with respect to the Scope of Services, Work Schedule, and other material information. Failure to provide any required monthly report may, at the option of the City, suspend the processing of any partial payment request. 10, Independent Contractor. The services to be performed by Professional are those of Professional Services Agreement 7215 Economic Health Strategic Plan Page 3 of 18 an independent contractor and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Professional's compensation hereunder for the payment of FICA, Workers' Compensation, other taxes or benefits or for any other purpose. 11. Personal Services. It is understood that the City enters into this Agreement based on the special abilities of the Professional and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Professional shall neither assign any responsibilities nor delegate any duties arising under this Agreement without the prior written consent of the City. 12. Accentance Not Waiver. The City's approval of drawings, designs, plans, specifications, reports, and incidental work or materials furnished hereunder shall not in any way relieve the Professional of responsibility for the quality or technical accuracy of the work. The City's approval or acceptance of, or payment for, any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement. 13. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default. 14. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period often (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non -defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non -defaulting party for the non -defaulting party's reasonable attorney fees and costs incurred because of the default. 15. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, Professional Services Agreement 7215 Economic Health Strategic Plan Page 4 of 18 agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 16. Law/Severability. The laws of the State of Colorado shall govern the construction, interpretation, execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 17. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Professional represents and agrees that: a. As of the date of this Agreement: 1. Professional does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Professional will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the "e-Verify Program') or the Department Program (the "Department Program"), an employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Professional shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. C. Professional is prohibited from using the e-Verify Program or Department Program procedures to undertake pre -employment screening of job applicants while this Agreement is being performed. d. If Professional obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Professional shall: 1. Notify such subcontractor and the City within three days that Professional has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of Professional Services Agreement 7215 Economic Health Strategic Plan Page5of18 receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Professional shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. e. Professional shall comply with any reasonable request by the Colorado Department of Labor and Employment (the "Department) made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. f. If Professional violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Professional shall be liable for actual and consequential damages to the City arising out of Professional's violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Professional violates this provision of this Agreement and the City terminates the Agreement for such breach. 18. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit "D" Confidentiality, consisting of one (1) page, attached hereto and incorporated herein by this reference. Professional Services Agreement 7215 Economic Health Strategic Plan Page 6 of 18 19. THE CITY OF FORT COLLINS, COLORADO By: — ) 6- t, James 6. O'Neill II, CPPO, FNIGP r Director of Purchasing & Risk Management ,CT cF FOt2T C0 DATE: City Clerk APPD AS TO FORM: r� Assist t City Attorney TIP Strategies By: � ! �Gtti- Title: Y Vw6t ua , CORPORATE PRESIDENT OR VICE PRESIDENT Date: 2-2-9- I) ATTEST: / 7 vv / (Corporate Sea]) Corporar Secretary Professional Services Agreement 7215 Economic Health Strategic Plan Page 7 of 18 EXHIBIT "A" SCOPE OF WORK Professional has an established process for conducting r • g economic development strategy work. Professional's Theory Into Practice (TIP) planning model combines analytical tools with the latest thinking in economic development, workforce training, and community -based principles to create innovative and publicly supported - , strategies. . Ga[a analysts • eenfM1maM1ing Phase is Discovery woraw as von Professional will document the City's position from an Gaak • soatenw economic development perspective. During This phase • nmm�s mwustry a Professional will review available materials, visit with ' Re•o^na'muae: • euaseeenmeNres knowledgeable sources, and conducts targeted analysisof •MP1"a relevant economic and demographic trends to reach an understanding of the current state of the region. (Where are we now? How do we compare with our peers and compethrors?) This work serves as the basis for strategies in Phase 2. Professional recognizes there is no shortage of data on the Fort Collins region. Throughout this phase, Professional will work closely with the Citys project team to avoid duplication of existing research. Professional's focus in these tasks will be on coming to a common understanding of the data and establishing a baseline for moving forward. -- i,k off meeting i A strong working relationship between the Professional's team and the Citys project team is essential. This initial meeting provides the opportunity to discuss objectives, define success factors, identify relevant studies and initiatives, and review the team's overall expectations for the engagement. The outcome of the meeting will be a project management plan that will serve as the foundation for all the work to follow. 1.2 Assessrnnr, In this task, the Professional will first conduct an economic assessment to define the area's overall competitiveness and determine Fort Collins' unique economic strengths and weaknesses in the context of its peers and in the national economy. Next, Professional will focus on understanding and reviewing Fort Collins' economic development initiatives, programs, and current strategies. Professional will then assess the City of fort Collins' participation, resource allocations, and funding priorities to promote the city and the region's economic health. Professional Services Agreement T215 Economic Health Strategic Plan Page 8 of 18 . commnic assess meet. Professional will prepare a targeted Phasel analysis of demographic and economic factors from the perspeclive of current employers and potential recruits. While :[rats specific aspects can be tailored to meet the needs of the City, 1.1 W,ffineehng 1] A.ves:„ant Professional's standard assessment considers overall growth 9 's Stsehaaer enga)eme,d 1.4 BenMmar5ng and b rid prdd4ds in the labor force, participation rates, and unemployment rates, 1s swot anaira,s educational allainment and higher education enrollment, p '= ? commuting patterns, wage rates, and occupational statistics. hna,n9e SWOT pnalraa dnd,a To understand the foundation and overall structure of the Benm,na,x prnfil. and enae sMd. regional economy, Professional will examine local employment growth trends, industrial composition, and major employers in the area. To provide a context for these data points, Professional presents Fort Collins vis-a-vis its national and regional peer communities. i Program review. The Professional will take an in-depth look at the City's current initiatives, programs, and activities related to economic development. This task will include a review of the existing Economic Action Plan, as well as the Citys strategic involvement in promoting the economic health of the Fort Collins region. Specifically, Professional will examine current strategies and tactics in the following areas: ._....... Isaac Sarohas will lead the Professional's team in assessing the region's entrepreneurial ecosystem to inventory programs, understand roles and activities of each program, and identify gaps in the system. This task includes a review of the Rocky Mountain Innosphere but takes a more comprehensive look at the entire ecosystem and the support it provides for high -impact entrepreneurs. Mr. Barchas' expertise in structuring an entrepreneurship strategy around target industries and leveraging intellectual property generated by universities will guide this review and the resulting strategic recommendations. Orhar economic development ectivdios Professional will lead the review of the region's economic development activilles, with an emphasis on understanding the impact on industry cluster formation anddevelopment. This review will consider existing industry recruitment activities, as well as programs related to business retention and expansion. Professional will also examine the region's capacity for talent attraction, development and retention, along with key strategies for enhancing the area's quality of place. Professional Services Agreement 7215 Economic Health Strategic Plan Page 9 of 18